Articles Posted inSt. Louis Criminal Defense

Yes, you should!! It is amazing to me just how many people believe that a misdemeanor charge in Missouri is “no big deal”. As if such a thing becoming a part of your permanent record will have no negative consequence for your life (or that such a thing will increase your street cred). But the fact of the matter is, a misdemeanor charge can end up wrecking your life!! Below is a description of what can be done:

If you are arrested in the St Louis area, subsequently charged with a misdemeanor, then there are two main ways you can deal with it: 1) you can essentially do nothing, and hope for the best (like appearing by yourself and asking that the court extend some sort of leniency); 2) you can hire a good St Louis criminal defense attorney to help you out!!

Yes, you should! Why? Because when it comes down to a discussion of the facts, it will be your word against the police officer’s. And guess who usually wins that battle? Most juries and judges (and certainly prosecutors) will defer to the version of events given by the cop (and assume that you are making up a story). But if you have video-graphic proof of what happened, that is fantastic proof of what really happened!!

The fact of the matter is that when a cop fills out his or her police report, they are going to write that report in such a way that it makes it easier for the prosecutor to press charges against you. But just because the cop knows how to write a report that makes you look awful, it does not at all mean that those facts are accurate. Indeed, the way in which a cop writes his or her report is to purposefully make it seem that not only you broke the law, but that the officer didn’t do anything wrong when he/she arrested you.

Absolutely not. The police cannot in any way, shape, or form require that you answer a thing. And in fact, it is very often in your best interest to NOT answer a cop’s questions (because in some situations, any answer you give will end up coming back to haunt you).

The job of a police officer (largely) is to gather facts so that he/she can determine whether or not a crime has been committed (and thereafter make an arrest, or issue a citation). And in order for the cop to make that determination, he or she will engage in the most fundamental of all police work: asking questions.

Of course, the best way for anyone to learn something is to ask questions (that’s a given). But what most people unfortunately believe (very often to their detriment) is that when a cop asks them questions, that they will be completely safe and secure when answering. But as a general rule, you should never think for a second that the questions posed by a police officer are in any way meant to keep you safe (and that by answering those questions, you are running the risk of much more difficult situation down the road (even if you are completely innocent)).

No, it does not have to ruin your life at all!! A good St Louis stealing or theft attorney can help you deal with the charge so that it does minimal damage. But the last thing you want to do is plead guilty! If you plead guilty, then there isn’t a whole you can do about it later on. Below is a brief description about what we can do to help you out:

If you have been accused of stealing something with a value of $500 or less, then the state of Missouri can charge you with a Class A Misdemeanor. This type of charge comes with up to one (1) full year of jail time, and a $1,000 fine. And of course pleading guilty will also mean that the charge will become a part of your permanent record. So anytime you fill out a job application, or try to rent an apartment, or take out a student loan, then it will very likely be brought up (because the potential employer, or landlord, or government agency will almost assuredly run a criminal background check on you).

Well, yes. If I am giving an honest answer, it is much easier to simply plead guilty to whatever crime you have been charged with. Because if you plead guilty, then you won’t have to deal with the prosecutor, you won’t have to learn what you rights are, and you won’t even have to speak much to the judge (other than to say that you are pleading guilty).

But although choosing this route may be the quicker, easier path, it is also the most damaging and disastrous for your future (in the short and long term). It will wreak havoc on your ability to land a good job, to rent a decent apartment, to secure a student loan, and it will even destroy your chances of receiving certain lines of credit.

It will stay on your permanent record forever (hence the word “permanent”). It will stick with you like luggage, always pulling you down. And it will cause people to look at you differently (every time the subject of your criminal record is brought up).

Then a Probation Revocation hearing will be set in front of the judge. This hearing will give you a chance to convince the court that your probation should be continued into the future (so that the underlying sentence that could be assessed stays suspended). A further description is described below:

If you are charged with a crime in St Louis, then you have a couple of options. You can hire an attorney, you can take your case to trail, or you can work out some sort of deal with the local prosecutor. If you choose to work out a deal, this is called a plea bargain. A plea bargain is basically an agreement you make with the court to plead guilty, but with certain terms attached to it.

This is an interesting question to answer, because most of the time, what the person is really asking is whether or not you have to answer any of the officer’s questions at all. And the answer to that question is: NO!!!! However, it is surprising how many people will in fact go ahead and answer the cop’s questions (no matter how damaging the information might be).

First of all, just because a police officer asks you questions, you are under no obligations to answer. At all. You have a Constitutional right to remain silent in the face of questions from an authority figure (so as to avoid self-incrimination). The cop will most certainly press you for information, and say things like, “It would be better for you if you answer my questions,” or “Nothing bad will happen if you just give me the info I need,” or “It’s in your best interest if you cooperate with me and answer my questions now.”

I get this question a lot, and I always have the same answer: whatever you say to the police can and/or will be used against you. Just because the cop acts like he is your friend, or if he/she tries to make you believe that “nothing bad will happen by giving me this information,” or anything else, does not at all mean that the cop has good intentions towards you.

So what should you do instead? If you believe that by speaking to a police officer your rights would be compromised (or that you would be placed in a bad position), then do not say anything. It’s as simple as that. The cop can’t force you to speak, and the law protects your right to remain silent (especially when someone in a position of authority is trying to get information out of you that could shed a bad light on you).

Getting a St Louis criminal charge reduced depends on two main factors: 1) the municipality in which the charge has been made (there is a huge difference between how things are handled in St Louis County versus St Louis City; 2) the type of charge it is (because there is also a really big difference between a common trespassing charge versus a heroin possession charge). But regardless, the main goal is to see if in fact a reduction / amendment of the charges can be had. A further explanation is provided below:

Let’s say you have been charged with possession of marijuana (less than 35 grams). This is a Class A Misdemeanor. Such a charge comes with a potential of one (1) year in jail and a $1,000 fine. But instead of having to do any jail time, you hire an experienced St Louis marijuana possession attorney to help you out.

Yep! They sure can (and most certainly will) do that. Why? Because making you believe something in order to get some info is what they consider to be part of their job. And they can be very tricky about it.

For example, if you have been detained by a police officer, and he/she is asking you questions about your whereabouts (or who you know, or what happened at such and such time, or whatever), and the cop tells you something like, “Don’t worry, it’s not going to hurt you if you tell me,” or “If you give me this information, I’ll make sure the prosecutor goes light on you,” or “If you tell me what I need to know, you won’t get in any trouble,” or “I just need you sign this waiver, and then we can figure out how to get you out of the fix you’re in,” then you can be almost 100% assured that the officer is lying.